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Privilege is a right, recognised under common law, which allows documents (or other forms of communication) to be withheld from disclosure during the course of litigation or certain investigations (such as those conducted by the European Commission).
The most common type of privilege is Legal Professional Privilege which can then be further divided into two sub-types:
The diagram below demonstrates how to determine whether an external communication is covered by one or both forms of legal professional privilege and therefore whether it should be disclosed.
Where only part of a communication is privileged (such as a single email within a chain) the privileged information may be redacted before the document is disclosed.
Even where a communication is privileged, if it is subsequently disclosed then generally it will lose privilege unless one of the following can be established:
For more information please contact John Sykes, Partner
T: +44 (0)20 7203 5358